US immigration services set to furlough two-thirds of its workers after coronavirus stimulus talks fail

U.S. Citizenship and Immigration Services notified about 13,400 of its 20,000 employees that they would be furloughed Aug. 30 because of budget shortfalls, which the agency hoped Congress would fill in its next relief package before negotiations stalled last week.  “In the past few months, USCIS has taken action to avert a fiscal crisis, including limiting spending to salary and …

Trump administration has put DACA applications ‘on hold’ despite Supreme Court ruling restoring program

Trump administration officials said during a federal court hearing Friday that they have not “granted nor rejected” any applications for a program designed to protect young undocumented immigrants from deportation, but rather have put them “on hold” as the government discusses the future of the program. The virtual hearing in the U.S. District Court in Maryland was the first time …

USCIS must accept new DACA applications in the 4th Circuit

USCIS must accept new DACA application in the 4th Circuit and may accept those  filed in all other circuits.  Historically, USCIS rescinded DACA.  The U.S. Supreme Court vacated the rescission and restored DACA to pre-rescission status.  IBLF recommended new DACA  applications.  USCIS then denied new DACA applications. Last week, Maryland District Court stopped USCIS from denying new DACA applications and …

Trump administration reverses course on foreign student ban

The Trump administration has reversed course over a new rule that would have banned some international students from studying in the U.S. this fall. The measure would have required international students to transfer schools or leave the country if their colleges hold classes entirely online because of the coronavirus pandemic. U.S. District Judge Allison Burroughs in Massachusetts said Harvard University and …

4th Circuit Denies Asylum Claim On Family Relation

One of the most difficult areas of asylum law is to determine what social group you are in if you are claiming asylum, and if that is the reason that you are in danger of persecution. While membership in a family is now established as a possible social group, it is important to tie the danger of persecution to the …

US Supreme Court Preserves DACA

The Supreme Court ruled Thursday, June 18th, that the Trump administration cannot carry out its plan to shut down the Deferred Action for Childhood Arrivals (DACA) program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation and remain in the U.S. https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-trump-cannot-end-daca-big-win-dreamer-n1115116?fbclid=IwAR20dr4j1fgFCSuByRppJTDQF5TFFfrhNSVSbI7ArlarWXBbBjZwFW7EatI

7th Circuit Blocks Public Charge Burden

This decision releases the Supreme Court stay which permitted the Trump administration’s policy against immigrants to become effective. Not the end of the battle, but a victory. An excellent article discussing the merits of this issue was posted in the Washington Post on Friday: https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Immig Judges’ Authority to Administratively Close Restored

The US Fourth Circuit Court of Appeals has restored Administrative Closure as an inherent power of Immigration Court judges, effectively overruling the current administration’s attempt to preclude this standard procedure.  This tool permits adjudication of pending applications by temporarilly suspending immigration court proceedings. This is a very good decision for persons in immigration court proceedings because when there is potential …